201301983 - Laserfiche WebLink

Browse

D s d 0 s B 201301983 ed of Trust, and directing Lessee to make payment thereof to Bank, Lessee shall comply with ch direction to pay and shall not be required to determine whether Lessor or Borrower is in fault under any obligations to Bank. 3. ATTORNMENT. If Bank or any other transferee acquires Lessor's right, title d interest in and to the Property pursuant to a judicial or non judicial foreclosure of the Deed Trust or a deed in lieu thereof or in any other manner whereby Bank or such transferee cceeds to the interest of Lessor under the Lease, Lessee agrees as follows for the benefit of or such transferee: (a) Payment of Rent. Lessee shall pay to Bank or such transferee all rental payments re • uired to be made by Lessee pursuant to the terms of the Lease for the remaining term thereof. (b) Continuation of Performance. Lessee shall be bound to Bank or such transferee in a'cordance with all of the terms of the Lease for the remaining term thereof, and Lessee hereby a orns to Bank or such transferee as its landlord, such attornment to be effective and self - o i erative without the execution of any further instrument immediately upon Bank or such tr nsferee succeeding to Lessor's interest in the Lease and giving written notice thereof to L ssee. (c) No Offset. Neither Bank nor such transferee shall be liable for, or subject to, any o ii sets or defenses which Lessee may have by reason of any act or omission of Lessor as the p or lessor under the Lease, nor for the return of any sums which Lessee may have paid to Lessor as the prior lessor under the Lease as security deposits, advance rentals or otherwise, except to the extent that such sums are actually delivered by Lessor to Bank or such transferee. (d) Subsequent Transfer. If Bank or such transferee, by succeeding to Lessor's interest under the Lease, becomes obligated to perform the covenants of a lessor thereunder, then, upon any further transfer by Bank or such transferee of its interest as a lessor under the Lease, all of such obligations shall terminate as to Bank or such transferee. 4. NON - DISTURBANCE. In the event of a foreclosure of the Deed of Trust, or a transfer of the Property in lieu thereof or in any other manner whereby Bank or such transferee succeeds to the interest of Lessor under the Lease, so long as there shall then exist no breach, default or event of default by Lessee under the Lease, (a) the leasehold interest of Lessee shall not be extinguished or terminated by reason of such foreclosure, (b) the Lease shall continue in full force and effect, and (c) Bank and its successors -in- interest shall recognize and accept Lessee as the tenant under the Lease, subject to the terms and conditions of the Lease as modified by this Agreement. 5. ESTOPPEL. Lessee acknowledges and represents that: (a) Lease Effective. Upon execution thereof, the Lease shall be duly executed and delivered by Lessee and, subject to the terms and conditions thereof, the Lease shall be in full force and effect, the obligations of Lessee thereunder shall be valid and binding, and there shall be no amendments, modifications or additions to the Lease (written or oral), other than those included in the Lease definition set forth above. The Lease shall constitute the entire agreement between Lessor and Lessee with respect to the Property, and Lessee shall not claim and rights to the Property other than as set forth in the Lease. (b) No Default. As of the date hereof and to the best of Lessee's knowledge, (i) there exists no breach of or default under the Lease, nor any condition, act or event which with the giving of notice or the passage of time, or both, would constitute such a breach or default, and Subordination, Non - Disturbance, Attornment and Estoppel Agreement Page 3 SNDA - Preferred Pump (Grand Island, NE)